CLRM Alerts
Changes to New Hampshire Law Against Discrimination

As of January 1, 1998, New Hampshire employers with 6 or more employees should add “sexual orientation” to the growing list of discrimination claims that may be asserted by prospective, present, or past employees. New Hampshire’s Law Against Discrimination currently prohibits employers with 6 or more employees from discriminating in employment because of a person’s age, sex, race, creed, color, marital status, physical disability, mental disability, or national origin, unless based upon a bona fide occupational qualification. After January 1, 1998, “no person shall be denied the benefits of the rights afforded” by the law “because of that person’s sexual orientation,” defined as “having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality.” Despite the muddled statutory language, it is likely that the New Hampshire Commission for Human Rights (CHR) and the courts will interpret the law as if “sexual orientation” were added to the list of factors an employer may not consider in making an employment decision.

Cook, Little, Rosenblatt & Manson ALERTS are produced periodically as a service of Cook, Little, Rosenblatt & Manson, p.l.l.c. and are intended to highlight emerging legal issues affecting our clients and friends. It is, of course, no substitute for specific legal advice.

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